Judge Reaffirms Ongoing Pollution in Illinois River from Poultry Waste

Federal Ruling Maintains Poultry Waste Is Still Harming Watershed

TULSA, Okla. — A federal judge has reaffirmed that poultry waste continues to damage the Illinois River watershed, despite arguments that conditions have improved.

U.S. District Judge Gregory Frizzell issued his updated ruling Tuesday, June 17, stating that Oklahoma met its burden to prove environmental conditions have not materially changed since his initial decision in January 2023.

“Phosphorus run-off from land-applied poultry waste continues to be a significant source of phosphorus which is causing actual and ongoing injury to the waters of the Illinois River Watershed,” Frizzell wrote in a 22-page order.

Longstanding Legal Dispute

The ruling is part of a legal battle stretching back two decades. The state of Oklahoma filed the lawsuit in June 2005 under then-Attorney General Drew Edmondson. The case has since been carried forward by each of his successors, including current Attorney General Gentner Drummond.

The lawsuit targets several poultry companies, including industry leaders like Tyson Foods and Cargill. It alleges that poultry waste used to fertilize crops has contributed to water pollution in northeastern Oklahoma and northwestern Arkansas.

Critics argue that the runoff contaminates rivers, aquifers, and drinking water supplies. In 2023, Frizzell ruled that phosphorus levels in the region's streams and rivers were higher than natural levels, violating Oklahoma’s environmental standards.

Challenge and Reaffirmation

Attorneys for the poultry companies claimed the data used in the 2023 ruling was outdated and said phosphorus levels had dropped since the trial. In response, the court held a new evidentiary hearing starting December 3 to evaluate updated information.

After reviewing the evidence, Frizzell stood by his earlier conclusion, reaffirming that pollution remains a problem.

Political Fallout

The hearing had political consequences. Ken McQueen, who was Oklahoma’s secretary of energy and environment at the time, attended in an official capacity. Governor Kevin Stitt, who opposes the lawsuit, fired McQueen the same day. Stitt previously criticized the case as “a radical left attempt at backdoor regulation through litigation.”

Despite political tension, Attorney General Drummond has expressed hope for a compromise.

“I’m committed to finding a path forward that restricts poultry producers from polluting the Illinois River and allows us to clean up the watershed to preserve it for future generations,” Drummond said. “We very much value the poultry companies and want them to remain in Oklahoma. But that doesn’t mean the industry can pollute the Illinois River.”

Industry Response

Marvin Childers, president of The Poultry Federation, voiced frustration with the judge’s ruling.

“The Poultry Federation remains deeply concerned that this case is being used by activists and trial lawyers to try to end farming and ranching in the Illinois River Watershed,” Childers said. He added that the legal battle “unfairly threatens the livelihoods of farmers, ranchers, and landowners who acted in good faith and in full compliance with state regulations.”